특정경제범죄가중처벌등에관한법률위반(횡령)
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On May 31, 2013, the Defendant’s repayment period to G at the office of “E Co., Ltd. located in the Jung-gu Seoul Special Metropolitan City D Building 308, and the victim F’s representative director G.
8. 31. 31. Lending KRW 1 billion to the victim, which was provided by the victim with 600,000 shares of H real stocks as security.
On June 18, 2013, the Defendant embezzled KRW 1,876,836 by having I put an order at the same place as on the same day to sell KRW 2,876,836 by selling KRW 1,00,00 from that time to October 31, 10, as shown in the list of crimes, when the Defendant kept 30,000 shares of the victim’s 60,000 shares of KRW 1,364,01,092, total amount of 42 times as shown in the list of crimes.
Summary of Evidence
1. Defendant's legal statement;
1. Legal statement of witness G;
1. Protocol of the police statement concerning G;
1. Application of Acts and subordinate statutes of a trading report;
1. Relevant Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act for the crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. Reasons for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;
1. Scope of applicable sentences under Acts: Imprisonment for one year and six months to fifteen years; and
2. Application of the sentencing guidelines [decision of types] Embezzlement and Misappropriation, and Type 3 (Special Aggravation of at least KRW 500,000 or less than KRW 5 billion) (Special Aggravation of Punishment): Where the risk of occurrence of damage has not been substantially realized, the factors of aggravation: Imprisonment with labor for a year and 6 months to 3 years (Mitigation of Punishment).
3. Determination of sentence: The defendant's liability for the crime in the light of two years of imprisonment, the contents of the crime in this case for three years of probation, and the amount of embezzlement, etc. shall be mitigated;